(1.) This is the regular second appeal filed by defendant-appellant- Basant Kaur for setting aside impugned judgment and decree dated 13.12.2011 passed by the trial Court as well as judgment and decree dated 6.1.2015 passed by the Additional District Judge, Sangrur.
(2.) Briefly, the facts of the case as mentioned in the appeal are that plaintiff-respondents filed a suit against the defendant-appellant for a decree of possession on the grounds that plaintiff No. 1 along with her brother Telu Ram and sister Seeto alias Surjit Kaur were owners of the suit property. Telu Ram and Seeto alias Surjit Kaur have expired and plaintiffs No. 2 and 7 are their legal heirs and they entered into footsteps of Telu Ram and Seeto alias Surjit Kaur and now the plaintiffs have became the owners of the suit property at the spot. The defendants have no right, title or interest with the suit property in any manner. The property of the defendants is adjoining to the suit property and they were threatening to encroach upon the suit property and raised construction over the suit property forcibly, due to which the suit for permanent injunction was filed against the defendants. Said suit was already pending before the Civil Judge (Jr. Division), Dhuri. During pendency of the suit, the defendants forcibly encroached upon the suit property and raised a wall and entered into illegal possession of the suit property at the spot, due to which said suit for permanent injunction was dismissed as infructuous and as such, plaintiffs filed a suit for possession and defendants were requested to hand over the vacant possession of the suit property to the plaintiffs but to no effect.
(3.) Upon notice, defendants filed written statement and legal objections regarding maintainability of the suit, concealment of real facts were raised. The trial Court framed the following issues:-